Page 4 - WCBA CLE 6-14-2022

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WESTCHESTER COUNTY BAR ASSOCIATION
CLE JUNE 14, 2022

APPELLATE DIVISION, SECOND JUDICIAL DEPARTMENT,
NYS SUPREME COURT

RECENT SIGNIFICANT OPINIONS

DOMESTIC VIOLENCE

People v Addimando, 197 AD3d 106

Opinion - Hon. R. Rivera, July 14, 2021 - Hon. William Mastro, Hon. Sylvia
Hinds Radix, Hon. Colleen Duffy concur

Question Presented: Did the County Court properly apply the Domestic Violence
Survivors Justice Act PL 60.12?

PL 60.12 - Permits courts to impose reduced alternative sentences in certain
cases involving victims of domestic violence

HOLDING: Appellate Division rejects as error County Court’s methodology,
approach, application and analysis of the 3 factors set forth in DV
Survivor’s Act

FACTS:

- D convicted of Murder in the Second Degree (PL 125.25[1])
- Criminal Possession of a Weapon in the Second Degree (PL
265.03[1][b])

- D fatally shot the victim Christopher Grover

- domestic partner
- father of their 2 small children
- victim was sleeping
- children were in home sleeping

- Testimony at trial: D was subjected to brutal physical and sexual abuse

- Jury rejected D’s battered women’s syndrome justification